[HN Gopher] Proposed Bill to Outlaw Bots from Scalping Online Go...
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       Proposed Bill to Outlaw Bots from Scalping Online Goods [pdf]
        
       Author : runnerup
       Score  : 42 points
       Date   : 2021-11-30 20:52 UTC (2 hours ago)
        
 (HTM) web link (tonko.house.gov)
 (TXT) w3m dump (tonko.house.gov)
        
       | tacLog wrote:
       | Side thought after reading this. Is there anyway to currently get
       | a feed of high quality summarizations of laws passed by each
       | congress? By that I mean, as a voting citizen I want to watch
       | what congresses law/executive orders do. I don't want to read the
       | laws, or how they work, or any of the details.
       | 
       | I want the why, high level what does this change, and high level
       | what was the opposition to this.
       | 
       | I feel like one of the things that we struggle with is
       | 'uninformed voters' in a modern democracy. I try to stay informed
       | but I need to cut off my time somewhere. Are there any ways for
       | me to stay lightly informed with low effort on my part?
        
         | kovek wrote:
         | If only we could use software to query the text of the bills.
        
           | tacLog wrote:
           | I can't tell if your joking or not, but wouldn't
           | summarization at that level require some pretty insane AI?
           | The closest I have seen is pretty decent and runs on some of
           | the reddit news subreddits.
           | 
           | But it is far from the work of a person skilled in real
           | summarization, because real summarization requires you to
           | predict what I care about based on the world at large.
        
             | showerst wrote:
             | I know a few people on the commercial side have
             | experimented with automated summarization, but it never
             | out-competes the summaries provided by hand by the
             | Government, and any mistakes will get you ridiculed by
             | customers. There's a bunch of downside for no real upside.
        
             | mbreese wrote:
             | It's not so much summarizing the text of bills, but having
             | an API to query just the text of bills would be really
             | nice. Even better would be some kind of diff/git blame log
             | of changes. I would love to know who voted for which
             | amendments, or how a particular bit of text got into a law.
             | 
             | But, realistically, that would never happen as it's not
             | information that I think people would be comfortable
             | providing.
        
               | showerst wrote:
               | That's all available, fairly easily. At the federal level
               | it's at congress.gov, including redlines for (some)
               | amendments and versions. To be fair not every single
               | amendment vote is available, but that's a quirk of how
               | the legislative process works.
               | 
               | At the federal level, the US has a great bulk api from
               | GPO/FDSys, including full bill text in plain, pdf, and
               | XML.
               | 
               | At the state level Openstates.org does it, including with
               | an API.
               | 
               | A lot of us in the space have mess with various "git
               | diff" type solutions, but unfortunately the way bill text
               | changes doesn't lend itself to this.
        
         | MarkSweep wrote:
         | It's not exactly what are you asking for, but the Congressional
         | Dish podcast attempts to cover bills and hearings.
         | 
         | https://congressionaldish.com/
        
           | tacLog wrote:
           | Thanks for the recommendation. That appears to be somewhat
           | close to what I was hoping to find. I will check it out.
        
         | showerst wrote:
         | I co-founded a company in this space, although not focusing on
         | summarization, and not targeted at normal citizens.
         | 
         | > I want to watch what congresses law/executive orders do. I
         | don't want to read the laws, or how they work, or any of the
         | details.
         | 
         | The real answer is "No you don't." Most congresses [1] pass a
         | few hundred bills per year, and up to a thousand resolutions,
         | and most of them are completely uninteresting to most people.
         | On top of that, single bills can be omnibus monsters that touch
         | 1000 subjects. That's not even touching executive orders (which
         | are pretty minor), and regulations, which are not. There are
         | usually a few hundred federal regulatory updates per week,
         | which can be thousands of pages.
         | 
         | Jokes about government gridlock aside, the US is very big and
         | the government does a _lot_, it's just that we're to the point
         | where most of it is tweaking very specialized things. It's so
         | much noise that the best way to be an informed citizen is,
         | unfortunately, to find a few news sites you like, because it
         | takes a large team to surface the stuff of interest to the
         | general public.
         | 
         | At the risk of turning this into a news bashing political
         | discussion, I think politico and thehill tend to have good
         | content on congress, and are generally up front about political
         | biases. A quick scan of those every other day will put you far
         | ahead of most people.
         | 
         | All that said, both congress.gov and openstates.org (for state
         | level stuff) offer searching and alerting, and every federal
         | bill that's going anywhere does get a nice summary, although
         | they are fairly verbose. But realistically you need a
         | gatekeeper to sift through the chaff, because there's just too
         | much happening.
         | 
         | [1] https://www.govtrack.us/congress/bills/statistics
        
         | stevesearer wrote:
         | More basic than summaries, in my city there is no way to easily
         | view how an individual city council member voted any any
         | particular motion before them. Or even to see a list of the
         | things the council has voted on.
         | 
         | In order to see this information you need to wade through big
         | PDFs versions of the council meeting minutes to find the
         | motions. They are also backlogged by over a year in creating
         | and publishing the minutes.
        
       | Animats wrote:
       | Is there any real difference between a 'bot and a corporation? If
       | you hired people to scalp items, would this bill allow that? If
       | so, what's the point?
        
         | wpietri wrote:
         | Basically it's the same reason to outlaw robocalling
         | specifically. The point is to raise costs to bad actors enough
         | that some (and hopefully many) get out of the game.
        
         | tacLog wrote:
         | I think there is still a point. Lets think about this from a
         | scalpers perspective.
         | 
         | I want to make as much money as possible. I know there will
         | always be a market for products people can't get on the
         | traditional market. I can clearly identify these ahead of time
         | and spend thousands buying them.
         | 
         | If when I use automated bots to buy, my products then become
         | illegal's aka 'slightly harder' to sell. That might reduce my
         | income.
         | 
         | If I then have to employ people to click the same buttons as
         | normal people click using the same software normal people use,
         | and not circumventing order limits or 1 per person rules. That
         | means I can't get products as easily or cheaply and reduces my
         | profit.
         | 
         | I see two solutions to scalpers. Incentivize or require a
         | demand based market. So that prices shoot way up on their own.
         | (bad for many reasons) or cut into profit margins and restrict
         | overall volume of the people that will create that demand based
         | market legally or illegibly.
        
         | colechristensen wrote:
         | I could write up code in a day to take the place of a million
         | humans, plenty of people could. That's the difference.
        
       | 0des wrote:
       | I sometimes watch 'drops' from a few brands, and it's jaw
       | dropping how fast some of the items disappear, and I'd always
       | wonder if there were bots that make organized efforts to buy
       | these items for resale. Even things like keychains sell out in
       | moments, and pop up in secondary markets almost as fast.
        
         | mtnGoat wrote:
         | yes there are bots just for this. brands like Nike and Supreme
         | have big problems with this. Some arent even bots they are just
         | people with a browser open, hoping to buying to resell/flip.
         | 
         | its made easier by the fact that so many websites use the same
         | ecommerce platforms which makes one bot work across thousands
         | of sites.
        
       | woah wrote:
       | This is a good first step, but ultimately it's nothing but a
       | band-aid.
       | 
       | We need to make it illegal for toy manufacturers to negligently
       | mis-plan for the holidays, leaving millions of children
       | disappointed.
       | 
       | If it is found that a toy manufacturer could have produced more
       | stock, but failed to, through malice or incompetence, they should
       | be fined at the very least.
        
         | savant_penguin wrote:
         | This sounds extremely dystopian
         | 
         | A simple underproduction (due to waste/risk avoidance or mere
         | strategy) would create more litigation.
         | 
         | Which companies do you think can afford this kind of
         | regulation? The mom and pop shop or Walmart?
         | 
         | Even if you ignore all of that, failure to sell _enough_ sounds
         | like a bizarre reason for a fine and would push the moral
         | expectations of the law everyone has (murder, theft, violence
         | except in self defense) even farther from the actual law of the
         | land. To give you one example of such type of law, look at the
         | subsidies the US taxpayers provide to billionaire sugar
         | producers. You could easily argue that one of the most diabetic
         | countries on the planet should not subsidize sugar, yet it
         | still happens. These types of action lead me (and I expect
         | others) to have a much lower respect for authority and the law
        
         | fhood wrote:
         | I can't think of too many downsides to making bot scalping
         | illegal, making it illegal to misunderstand demand seems more
         | fraught......unless this is sarcasm.
        
       | mdasen wrote:
       | The thing I never really understand about scalping is why the
       | original retailer/supplier wouldn't simply raise their prices. If
       | graphics cards are consistently out of stock, why not simply
       | raise prices? We're seeing that with cars as many dealerships
       | raise prices on their inventory rather than letting people buy
       | them at MSRP and then re-sell them for a profit.
       | 
       | If you're selling the items, why would you want to give that
       | profit to scalpers? Is the issue that the seller doesn't know
       | that demand so far exceeds supply?
       | 
       | With something like Tickle Me Elmo, one could assume that they
       | didn't know in advance, but could have quickly changed the price
       | from $20 to $80 and dampened demand as the season went on.
       | 
       | Could sites potentially predict demand by having some pre-
       | registration for product sales and then predict the price better
       | based on that? For products that are going to "drop", it could be
       | beneficial to consumers (at least ones that have money) and
       | sellers to have that. As one collects data, one could start
       | predicting what price would leave you without too many scalpers
       | based on pre-registration numbers.
       | 
       | Maybe the issue is that many things might be more winner-take-
       | most or winner-take-momentum/word-of-mouth/hype markets. If
       | everyone saw Tickle Me Elmo at $80, some other toy would get all
       | the hype as the hot-item of the year and they wouldn't sell any.
       | Still, for something like graphics cards, that seems less likely
       | to be the case. People don't buy graphics cards because it's a
       | hot item. They buy them for practical purposes. I guess one could
       | argue that if certain crypto markets saw graphics cards as having
       | higher prices long-term, they might try and migrate off graphics
       | cards which could lower the demand long-term, but it seems like
       | graphics card companies are more interested in serving gamers.
       | 
       | It's just always seemed odd that sellers would allow people to
       | arbitrage their pricing like that - especially on known hot
       | items.
        
         | [deleted]
        
         | kube-system wrote:
         | People tend to shoot the messenger when market forces are not
         | in their favor. Any more profit that a retailer gets from
         | raising prices on this tiny part of their inventory could get
         | them more than that amount of flak for raising their own
         | prices. I think many retailers are happy moving 100% of their
         | product at normal margins while letting scalpers take all the
         | flak for price increases. Graphics cards are just one item of
         | many on the shelf for most retailers.
        
           | toomuchtodo wrote:
           | Didn't Nvidia attempt to burn silicon that would disallow
           | crypto mining? That doesn't sound like they're happy to be
           | cleared out of inventory, but would rather cater to a
           | specific demo that is more price sensitive.
        
         | kmeisthax wrote:
         | The problem with just raising MSRP is that their pricing is far
         | too transparent to do that. The brand damage caused by getting
         | ahead of scalpers would be higher than the consumer surplus
         | taken. Not to mention that, for at least some classes of goods,
         | raising prices in response to demand is considered gouging and
         | prohibited by law. Furthermore, for at least some of these
         | goods[0], using a market-clearing price would actively harm
         | other business goals.
         | 
         | In the example of game consoles, Sony and Microsoft aren't
         | trying to sell you a PS5 or Xbox Series X because it makes them
         | money. In fact, they take a loss on them even in "normal"
         | market conditions. The point of the console is to lock you into
         | a software ecosystem that they can charge developers a 30% tax
         | in order to access.
         | 
         | Most of the money made from selling graphics cards is _not_ by
         | selling individual cards in retail packaging. The DIY and
         | upgrade card markets are actually quite small. Most of the
         | money comes from OEM design wins, system-integrator sales, and
         | so on - markets in which the consumer is buying a fully-
         | functional computer rather than parts.
         | 
         | What seems to have ultimately happened is that companies have
         | used the introduction of new products to set new, higher
         | prices. For example, Apple's 2021 product launches have
         | consistently increased pricing over their replacements from
         | prior years.
         | 
         | [0] notably game consoles, though merchandise like the Tickle
         | Me Elmo would also qualify
        
           | nybble41 wrote:
           | > In the example of game consoles, Sony and Microsoft aren't
           | trying to sell you a PS5 or Xbox Series X because it makes
           | them money. In fact, they take a loss on them even in
           | "normal" market conditions. The point of the console is to
           | lock you into a software ecosystem that they can charge
           | developers a 30% tax in order to access.
           | 
           | This is a good argument for producing more consoles, but if
           | there isn't enough supply to clear demand then getting more
           | of the limited stock of consoles into the hands of consumers
           | with _less_ money to spend on gaming is not likely to
           | increase overall spending on the related software.
        
         | deltree7 wrote:
         | There is also Customer Lifetime Value.
         | 
         | By raising prices, you may lose some of your customers, who
         | unfairly penalizes the retail/manufacturer especially when
         | politicians (and reddit and HN) happily side with sub-optimal
         | fixed price solutions.
         | 
         | Pitchforking is real and very dangerous in the modern era.
         | 
         | So, retail / manufacturer have to let true marketplace like
         | scalpers to provide the needed correction (albeit
         | inefficiently).
        
           | notahacker wrote:
           | The correction isn't "needed"; the same inventory gets sold
           | to the same number of consumers, the scalpers just take a bit
           | more money from front running them, reducing the net benefit
           | of owning of the final product. And Nintendo is more worried
           | about ensuring there's a healthy market for games than
           | "pitchforking" when it sets its RRP. Scalpers mean they sell
           | less.
        
         | snarf21 wrote:
         | I think you are missing the risk. The supplier could raise
         | prices but there comes a point when demand slows and now the
         | retailer is stuck with inventory. If every one else is selling
         | below MSRP and you are selling for double, you won't get
         | business until everyone else is sold out. Most retailers and
         | wholesalers want a certain amount of basis points. They simply
         | want to sell everything for X% more than they paid. They don't
         | want to be in the speculation game. Graphics cards is mostly a
         | function of re-purposing the supply for something it wasn't
         | really intended for. Look back at beanie babies when they were
         | a craze. As a retailer, you wouldn't want to get stuck with
         | inventory you couldn't even move at a loss. I do agree that
         | they could be a little more aggressive with selling at MSRP if
         | demand is high and drop back to "sale" prices if demand slows.
         | I think there are probably some legal things for some products
         | that you can't sell for over MSVP or for less than some minimum
         | advertised price. Additionally, some of these products can be
         | seen as "loss leaders" in the sense that they become a trusted
         | source for "good deals".
        
         | ceejayoz wrote:
         | In the case of a band, openly pricing out a bunch of your loyal
         | fans isn't a great idea.
        
         | hattmall wrote:
         | Manufacturer sells to distributor who sells to retail. Retail
         | is constrained by pricing agreements. They can't sell at a
         | higher price because the manufacturer directs the retail price.
         | Scalpers are really just improving market place efficiency, but
         | manufacturers know that demand is variable so they don't want
         | to strictly limit products to the wealthiest consumers because
         | there is plenty of data that doing so slows wider adoption.
         | It's all about marketing and we know that right now
         | affordability and limited quantity is an ideal mix.
        
           | Croftengea wrote:
           | > They can't sell at a higher price because the manufacturer
           | directs the retail price.
           | 
           | Maybe this is the case in the US but definitely not in the
           | EU.
        
         | acomjean wrote:
         | I thinks some retailer don't want to irritate they're
         | customers. Microcenter has signs all over the store indicating
         | one video card per customer per month. They want to sell the
         | other components.
         | 
         | I'm always surprised that online sellers don't just set up a
         | queue for people who wanted to buy. (thank you steam and steam
         | deck)
         | 
         | Best Buy is allocating PS5s to people in their Best Buy Club...
         | which of course is $200/yr.
         | 
         | https://arstechnica.com/gaming/2021/10/best-buy-offers-exclu...
        
       | Shadonototra wrote:
       | what about a bill to not be able to sell something over MSRP
       | 
       | outlawing bots IS IMPOSSIBLE, you can spit what ever text
       | article, it won't stop someone from automating things even more
       | 
       | the only that that's gonna do is make them even harder to detect
       | ;)
       | 
       | bots creators don't burn all their cards whey they do automation
        
         | _boffin_ wrote:
         | The "S" in MSRP is "Suggested"... maybe you'd like "MRRP" or
         | Manufacture Required Retail Price, which some places do have
         | contractual obligations for.
        
       | threatofrain wrote:
       | > Prohibits manipulative work arounds that allow bad actors to
       | use bots to circumvent control measures designed to protect real
       | consumers
       | 
       | > Makes it illegal to knowingly circumvent a security measure,
       | access control system, or other technological control or measure
       | on an Internet website or online service to maintain the
       | integrity of posted online purchasing order rules for products or
       | services, including toys, and would make it illegal to sell or
       | offer to sell any product or service obtained in this manner
       | 
       | Would this stop consumer products which track prices?
        
       | ShakataGaNai wrote:
       | This is a great idea in concept, but sadly I don't think it'll
       | ever work. Most etailers spend good money trying to prevent these
       | type of bots. There are dozens of players in the anti-bot space.
       | Unfortunately it doesn't stop the most dedicated attackers. And
       | this is a cat and mouse game that can evolve at the speed of
       | technology. A game that evolves at the speed of law will be out
       | of date before it's even made it out of the draft stage.
       | 
       | Even if a law is written so well that there isn't a single
       | loophole (which will never happen)... all the scalpers need to do
       | is operate in a different country. Between botnets, proxies, re-
       | shippers and other middle-men groups... you aren't going to stop
       | it through the law.
        
         | fhood wrote:
         | It might not work well for digital goods, but physical ones are
         | much easier to control.
         | 
         | Edit: and even for digital goods, it would force people away
         | from the most convenient storefronts.
        
       | riffic wrote:
       | not a lawyer but I have a feeling there are constitutional
       | hurdles here to consider.
        
         | ceejayoz wrote:
         | Such as?
         | 
         | The Commerce Clause has been interpreted _extremely_ loosely in
         | recent decades. If you can ban medical marijuana because it
         | _might_ travel across state lines
         | (https://en.wikipedia.org/wiki/Gonzales_v._Raich), you can ban
         | scalping on similar grounds.
        
       | darepublic wrote:
       | I'd hope using a personal bot to buy online goods (ie for
       | convenience) is still lawful
        
       | _whiteCaps_ wrote:
       | It's amazing how many places these bots show up where you
       | wouldn't expect. Here in Vancouver, they've been used for
       | grabbing campsites at the provincial parks.
        
         | tyingq wrote:
         | Yeah. They are especially bad around things where you can hold
         | inventory with no penalty for canceling later. Which ends up in
         | a lot of _" Why can't we have nice things?"_ rules later.
        
       | lghh wrote:
       | Scalping is just meeting an ineffeciency in supply and demand. I
       | don't know why we feel the need to regulate one of the basic
       | principles of a market.
       | 
       | If you truly want to stop scalping, you should become more
       | comfortable with dramatically increased MSRP and remove
       | competitive moats around certain products. Nintendo should be
       | able to sell the NES Classic for 13k if they want. I should be
       | able to produce my own home-console that plays 20 year old games
       | if I want. Those are the actual solutions to scalping.
        
         | asdfasgasdgasdg wrote:
         | As is so often the case, your "is just" papers over a lot of
         | detail. When a firm sells a good for less than the bid price of
         | the buyer, the marginal value captured by that bidder is called
         | consumer surplus. Firms do this for many reasons: they don't
         | want the reputational hit of running an auction, they don't
         | consider it worth the effort, they don't anticipate a need
         | until after the revealed demand of the market is shown, and by
         | that time it's too late to build an apparatus. Probably others
         | I'm not thinking of.
         | 
         | Scalpers capture this marginal value and in exchange provide
         | the "service" of reallocating some of the goods to the buyers
         | with the highest bid prices. (I put scare quotes around service
         | here because I'm sure many consider it a pessimization.)
         | 
         | If you're a wealthy person, scalpers may actually be good for
         | you, because you don't have to compete with poorer people who
         | have more time to refresh a webpage. You can just buy the good
         | on eBay. On the other hand, it seems totally valid for the
         | government to decide that it is in the best interests of the
         | people that the consumer surplus in the system devolve to
         | actual consumers.
        
           | AYBABTME wrote:
           | If someone like Shopify introduced an auction system that can
           | be turned on/off from the click if a button, or automatically
           | when inventory goes out too fast, that'd probably help a lot
           | of online stores.
        
         | mr_toad wrote:
         | Scalping is usually a short-term monopoly based in a temporary
         | shortage, and it has the same problems (arrogation of consumer
         | surplus and deadweight loss).
         | 
         | > Nintendo should be able to sell the NES Classic for 13k
         | 
         | That's a somewhat different issue, it's what happens as the
         | result of a legally sanctioned monopoly (copyright) that has
         | been exploited far beyond any reasonable term. It's still a
         | monopoly and it's still bad.
        
         | mytailorisrich wrote:
         | I agree with you that scalping is a symptom of market
         | inefficiency. But I think it occurs mostly when there are
         | further considerations taken into account, e.g. public image
         | and reputation.
         | 
         | For instance everyone knows, including organisers, that some
         | people would be willing to pay large sums for tickets to
         | premium events (concerts, sport, etc) but selling tickets at
         | such price would lead to a public outcry.
         | 
         | We saw the reactions to Uber's surge pricing as well.
         | 
         | It may also be a brand strategy to let products sell out and be
         | reported as being resold at huge prices. It creates a buzz and
         | scarcity that may increase demand further.
        
         | WheatM wrote:
         | Such a predictable hackernewsbro libertarian response. Scalping
         | hurts markets and only benefits rent-taking middlemen who
         | provide no value. There is no liquidity issue to resolve, and
         | scalper is a negative feedback loop that hurt avaialability.
         | You're right that suppliers could simply jack up prices to fill
         | the supply/demand gap, but there's a reason they don't do this:
         | supply crunches are temporary. What do you think it would do to
         | MS or Sony branding and reputation if they temporarily jacked
         | up prices to meet this gap in the short term?
        
         | blowski wrote:
         | There's a risk that scalpers establish a short-term monopoly
         | over a market.
         | 
         | For example, say scalpers buy all of a particular model of
         | remote control car - they can now dictate the selling price,
         | without adding any value to the market. But of course, the
         | opposite argument is that people will then buy competing remote
         | control cars and the scalpers will have to reduce their prices.
         | Thus they are merely being entrepreneurial and finding an
         | opportunity for arbitrage.
         | 
         | This is one of those timeless debates with no answers. I'm sure
         | Ancient Egypt had scalpers, and people wanted to ban them.
        
         | fhood wrote:
         | What do you mean? Nintendo could sell the NES Classic for 13k
         | if they wanted to, but nobody would buy it. Companies choose
         | their pricing very carefully, and there are a whole lot more
         | factors than max value on secondary market that go into it.
         | Nvidia is well aware they aren't going to be able to keep up
         | with demand, but if they raise their prices too much people
         | will consider the cards poor value and won't purchase them.
         | Think mac pro wheels. Scalpers operate on a different playing
         | field, and are really just parasitic.
        
         | runnerup wrote:
         | Indeed. This is especially important because if, say, TSMC or
         | Nvidia increase their MSRP's, then they go go re-invest that
         | into additional capacity to solve the supply shortage. Instead,
         | middlemen take the markup profits and have no ability to put
         | that towards additional production.
         | 
         | I do wonder if it's a bit of an backdoor anti-inflation deal
         | thing:
         | 
         | - TSMC/Nvidia boards don't want to raise prices because it
         | might cause rank-and-file consumers to feel like inflation is
         | higher, and there's perhaps fear it could lead to a cycle of
         | increasing across-the-board inflation on wide basket of goods.
         | 
         | - USA/etc offers TSMC/etc subsidies for building additional
         | capacity to make up for the revenue/reinvestment shortfall on
         | keeping artificially low MSRP's.
         | 
         | And then this is a ham-handed attempt to exert some limit on
         | any scalping operation getting "too large" and potentially
         | drive consumer prices down a bit more until the additional
         | capacity (funded by govt. subsidies instead of MSRP) finally
         | comes online.
         | 
         | Is that hypothesis/"mad ramblings" completely unreasonable? It
         | might be. I just really feel that the producers should increase
         | prices and reinvest in capacity, rather than allow middlemen to
         | skim the arbitrage.
        
           | nradov wrote:
           | Chip manufacturers can't increase capacity any faster due to
           | supply chain constraints. Raising prices wouldn't allow them
           | to expand any faster. And most of their prices are locked in
           | by long term production contracts anyway.
        
         | rektide wrote:
         | This pure economist point of view feels so unwelcome &
         | reductionist. That the market isn't taking every ounce of
         | profit being viewed as inefficiency, this idea that prices must
         | be as high as possible seems like a diseased view to me.
         | 
         | Consumers should have access to things like GPUs at a rate the
         | manufacturer is happy to charge. There's a net benefit to
         | society when supply isn't maximally constrained & exploited.
         | Recently, folks are wondering whether PC gaming is going to be
         | able to survive, when even shitty ass lower-mid range graphics
         | cards cost as much as a console. That would be horrificly sad
         | for computing.
        
           | avalys wrote:
           | > Consumers should have access to things like GPUs at a rate
           | the manufacturer is happy to charge.
           | 
           | Okay, great, so you ban scalping bots. Now consumers can't
           | buy GPUs because they're sold out, as opposed to because
           | they're too expensive. (1)
           | 
           | The problem is that the supply of GPUs is constrained and
           | there are more consumers who want GPUs than there are GPUs to
           | sell them. Banning scalping bots is not going to solve that
           | problem.
           | 
           | (1) Of course people can still resell for a profit on eBay,
           | unless you decide to ban that too. Heck, why not just ban
           | everything you don't like? Let's pass a law to ban poverty
           | while we're at it.
           | 
           | ---
           | 
           | All that said, the act actually doesn't ban bots, it bans
           | bots which circumvent protections that the seller put in
           | place to block them. Which is fine by me, if a seller wants
           | to put in a place a policy that says they will not sell to
           | bots, I think it is fine for the government to help them
           | enforce that policy.
        
             | notahacker wrote:
             | > Okay, great, so you ban scalping bots. Now consumers
             | can't buy GPUs because they're sold out, as opposed to
             | because they're too expensive.
             | 
             | Scalping bots don't increase the supply of GPUs. In the
             | scalper's absemce no more people than before will be unable
             | to buy GPUs because of the shortage, it's just those that
             | do manage to buy them will tend to get them earlier at a
             | cheaper price.
        
               | nybble41 wrote:
               | > it's just those that do manage to buy them will tend to
               | get them earlier at a cheaper price
               | 
               | That's the problem. It means they go to people who may
               | not have been willing to pay what they were actually
               | worth, while others who _were_ willing to pay are unable
               | to buy them because there aren 't any left to sell.
        
               | heyitsguay wrote:
               | What you're describing as a "problem" is people beyond
               | the wealthiest members of society having a chance at
               | owning popular consumer goods, while the wealthy must
               | contend with an X% chance at getting them on demand
               | instead of 100%.
        
           | heyitsguay wrote:
           | Seriously. If you ever meet any of these people in real life,
           | take their car keys and remind them the market dictates the
           | price of all goods and the police are a statist intervention.
        
         | nojito wrote:
         | Scalping increases MSRP. Removing it would cause it to
         | decrease.
        
           | xboxnolifes wrote:
           | The only reason scaplers exist is because people are willing
           | to pay a higher price than what the scalper pays for the
           | good. The fact that people are willing to pay the higher
           | price shows it was priced too low.
        
             | tyingq wrote:
             | Sometimes based on artificial scarcity created by a
             | scalper. People are sometimes paying for a status symbol
             | and wouldn't have purchased the item otherwise. Meaning
             | their interest was only piqued after the item was hoarded.
        
             | wpietri wrote:
             | It does not show that at all.
             | 
             | Taking Nintendo as mentioned above, they have plenty of
             | reason to aim for a stable, low price. The economics of
             | their business are different than somebody, say, selling
             | their labor by the hour. If they maximize per-console
             | profit, they end up screwing themselves by creating a
             | platform without many users, which is then unattractive to
             | both game-makers and game-purchasers.
        
             | ribosometronome wrote:
             | Generally, price gouging is frowned upon by society and
             | detrimental to a healthy market.
        
             | vlovich123 wrote:
             | All it shows is that price discrimination is needed, not
             | that the price is too low. Indeed, raising the price may
             | net reduce revenues if they've already priced the MSRP
             | optimally on the price demand curve.
             | 
             | The only solution here would be to have an MSRP that's
             | dependent on your net worth but that's seen as undesirable
             | so instead we get 2 price points: scalpers and normal
             | channels. So rather than the manufacturer or consumer
             | seeing the benefit of price discrimination, the scalper,
             | who's essentially rent seeking, gets to arbitrage that
             | opportunity.
             | 
             | Either ban resale for more than retail or let manufacturers
             | alter their prices based on your price sensitivity.
        
             | notahacker wrote:
             | This assumes the only purpose of selling is to maximise
             | short term yield on that particular item.
             | 
             | One of the reasons ticket scalpers associated with events
             | are particularly despised is that the promoters of the
             | event would much rather the event was affordable and full
             | than expensive but half empty, which might be the capacity
             | which yields the most ticket revenue.
        
             | [deleted]
        
       | cgb223 wrote:
       | If bots are hosted in China (or any non-US country), and purchase
       | products to be delivered to China does this law prevent any
       | scalping of product at all in that case?
       | 
       | If so, how is it enforced?
        
         | Broken_Hippo wrote:
         | I wondered the same - I mean, we've all seen the effectiveness
         | of anti-robocall legislation. All folks will really have to do
         | is avoid using the bot inside the US.
         | 
         | It will just wind up being a bill to show that "we have done
         | things! We passed the bill!"
        
         | kube-system wrote:
         | Many of the US big box sites where bots are a problem don't
         | ship to China... or even Canada.
        
         | tyingq wrote:
         | I would guess the shipping costs would keep a lot of that
         | (though not all of it) in line. It did used to be a big issue
         | when the UPU subsidized shipping from China, but that's gone
         | now.
        
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